Barrett Outdoor Communications, Inc. v. Commissioner of Transportation of the State of Connecticut (2010)

MEMORANDUM OF DECISION

This litigation, which commenced as an ordinary taking of a small parcel of land (7,201 square feet) by the Commissioner of Transportation for highway purposes in the year of 2004 (Commission of Transportation v. United Illuminating, CV 04-40486695), has turned into complex litigation in which the plaintiff Barrett Outdoor Communications, Inc. (Barrett) seeks an injunction claiming that the Commissioner's taking of Barrett's interest was defective because the Commissioner failed to follow statutory procedures for a taking of real property.   It is obvious Barrett wants to retain possession of its property which contains a billboard as long as it can because of the rental it receives from advertisers.

It now seeks an extension of time for filing its written reply brief because the Court granted the Commissioner an extension of time.   Furthermore, red-tailed hawks have come to aide of Barrett.   In its motion for extension of time, Barrett alleges that it “has recently been informed by the Department of Environmental Protection of the State of Connecticut (DEP) that one or more red-tailed hawks, which are protected by the Federal Migratory Bird Treaty Act, have established nests within the sign structure in question.   The DEP has informed the plaintiff that the nests may not be disturbed pursuant to federal law until on or after June 24, 2010 in order to allow any eggs in the nest to hatch and the young hawks to take flight.   Accordingly, there is no prejudice to the defendant by virtue of the extension of time as the sign structures cannot be disturbed due to, among other reasons, the impact of the Federal Migratory Bird Treaty Act during this period.”

In view of the foregoing, the Court grants the plaintiff's Motion for Extension of time to file its reply brief until June 14, 2010.

Berdon, J.T.R.

Berdon, Robert I., J.T.R.